Section 77 — Tribunals, Courts and Enforcement Act 2007: The rent recoverable

The rent recoverable 77 1 CRAR is not exercisable except to recover rent that meets each of these conditions—

a it has become due and payable before notice of enforcement is given;

b it is certain, or capable of being calculated with certainty ;

c it is not excluded from recovery using CRAR by paragraph 4 of Schedule 2 to the Commercial Rent (Coronavirus) Act 2022 (temporary moratorium on enforcement of protected rent debts).

2 The amount of any rent recoverable by CRAR is reduced by any permitted deduction.

3 CRAR is exercisable only if the net unpaid rent is at least the minimum amount immediately before each of these—

a the time when notice of enforcement is given;

b the first time that goods are taken control of after that notice.

4 The minimum amount is to be calculated in accordance with regulations.

5 The net unpaid rent is the amount of rent that meets the conditions in subsection (1), less—

a any interest or value added tax included in that amount under section 76(1)(a) or (b),

and b any permitted deductions.

6 Regulations may provide for subsection (5)(a) not to apply in specified cases.

7 Permitted deductions, against any rent, are any deduction, recoupment or set-off that the tenant would be entitled to claim (in law or equity) in an action by the landlord for that rent.